Hours of Service of Drivers: National Asphalt Pavement Association, Inc.; Application for Exemptions, 3864-3866 [2018-01400]

Download as PDF 3864 Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices in the ‘‘Keyword’’ box, and click ‘‘Search.’’ When the new screen appears, click on ‘‘Comment Now!’’ button and type your comment into the text box in the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. FMCSA will consider all comments and material received during the comment period and may grant or not grant this application based on your comments. daltland on DSKBBV9HB2PROD with NOTICES II. Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from certain parts of the Federal Motor Carrier Safety Regulations (FMCSRs). FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request. The Agency reviews safety analyses and public comments submitted, and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation (49 CFR 381.305). The decision of the Agency must be published in the Federal Register (49 CFR 381.315(b)) with the reasons for denying or granting the application and, if granted, the name of the person or class of persons receiving the exemption, and the regulatory provision from which the exemption is granted. The notice must also specify the effective period and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). III. Request for Exemption In addition to this exemption request, applicants have filed a request for a delay in ELD enforcement and a request for an ELD waiver. Those issues are being addressed through separate processes and will not be discussed further in this notice. The applicants request an exemption from the ELD requirements on behalf of their members (fresh produce shippers VerDate Sep<11>2014 20:14 Jan 25, 2018 Jkt 244001 and small truck businesses). According to the applicants, many of their members are not fully prepared to meet the December 18, 2017, compliance date. Additionally, the current ELD retail marketplace does not accommodate the needs of the applicant’s industry segment, and does not factor in existing HOS exemptions currently used by members. The applicants question whether any ELD self-certified device would fully function given the lack of access to broadband in many rural areas. The applicants also expressed their concern about ELD security against cyberattacks, enforcement, cost, and training. The applicants assert that the exemption, if granted, would give the marketplace time necessary to develop cost-effective and practical solutions for the specific needs of impacted stakeholders and would allow FMCSA to properly address necessary training programs with compliant ELD options. The applicants believe that if the exemption is not granted the ELD rule will cause significant challenges and harm to fresh produce shippers and small truck businesses. According to the applicants, granting the exemption will achieve a level of safety equivalent to the level achieved by the ELD requirements. A copy of the applicants’ application for exemption is available for review in the docket for this notice. Issued on: January 19, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018–01402 Filed 1–25–18; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2017–0197] Hours of Service of Drivers: National Asphalt Pavement Association, Inc.; Application for Exemptions Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition; grant of application for exemptions. AGENCY: FMCSA announces its decision to grant the National Asphalt Pavement Association, (Inc.) (NAPA) request for exemptions from two requirements of the hours-of-service (HOS) regulations for all drivers of certain commercial motor vehicles (CMVs): (1) The 30-minute rest break provision and (2) the requirement that SUMMARY: PO 00000 Frm 00192 Fmt 4703 Sfmt 4703 short-haul drivers utilizing the record of duty status (RODS) exception return to their work-reporting location within 12 hours of coming on duty. The first exemption will enable drivers engaged in the transportation of asphalt and related materials to use 30 minutes or more of on-duty ‘‘waiting time’’ to satisfy the requirement for the 30minute rest break, provided they do not perform any other work during the break. The second exemption will allow these drivers to use the short-haul exception but return to their workreporting location within 14 hours instead of the usual 12 hours. DATES: This exemption is applicable January 26, 2018 and expires January 25, 2023. FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 614–942–6477. Email: MCPSD@dot.gov. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: I. Public Participation Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to www.regulations.gov and insert the docket number, FMCSA–2017–0197, in the ‘‘Keyword’’ box and click ‘‘Search.’’ Next, click the ‘‘Open Docket Folder’’ button and choose the document to review. If you do not have access to the internet, you may view the docket online by visiting the Docket Management Facility in Room W12–140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. II. Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant exemptions from certain Federal Motor Carrier Safety Regulations (FMCSRs). FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request. The Agency reviews safety analyses and public comments submitted, and determines whether granting the E:\FR\FM\26JAN1.SGM 26JAN1 Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation (49 CFR 381.305). The decision of the Agency must be published in the Federal Register (49 CFR 381.315(b)) with the reasons for denying or granting the application and, if granted, the name of the person or class of persons receiving the exemption, and the regulatory provision from which the exemption is granted. The notice must also specify the effective period (up to 5 years) and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). daltland on DSKBBV9HB2PROD with NOTICES III. Request for Exemptions NAPA seeks two exemptions for all drivers transporting asphalt and related materials and equipment from the HOS 30-minute rest break provision in 49 CFR 395.3(a)(3)(ii) and the restriction of the RODS exception for short-haul operations available to drivers who return to their normal work-reporting location within 12 hours [49 CFR 395.1(e)(1)(ii)(A)]. NAPA requested the first exemption from the HOS rest break provision to allow drivers engaged in the transportation of asphalt and related materials to use 30 minutes or more of on-duty ‘‘waiting time’’ to satisfy the requirement for the 30-minute rest break, provided they do not perform any other work during the break. According to NAPA, asphalt is a highly perishable product. It is loaded into the delivery truck at 280–300 degrees Fahrenheit and begins to cool immediately. If the asphalt is not delivered and placed on the paving site within two hours, the product hardens and is no longer viscous enough to be useable. Drivers of asphalt delivery vehicles typically drive approximately one-third of their workday; the rest of their day is spent waiting to load or unload their vehicles and in other non-driving duties such as paperwork and cleaning their trucks after each load. NAPA requested the second exemption to allow some drivers to use the short-haul RODS exception but with a 14-hour duty period instead of 12 hours. NAPA advises that while some short-haul drivers will be able to take advantange of the exception from the 30-minute break, other drivers are often required to be on duty more than 12 hours in a day and therefore are not eligible to use the short-haul exception. NAPA mentioned that drivers of ready-mixed concrete delivery vehicles were granted an exemption from the minimum 30-minute rest break VerDate Sep<11>2014 20:14 Jan 25, 2018 Jkt 244001 provision.1 NAPA states that ‘‘the same reasoning supporting the exemptions from the 30-minute break time rule and allowing a 14-hour daily on duty-period for drivers of ready-mixed concrete vehicles applies to drivers engaged in the transportation of asphalt and related materials and equipment. Both are perishable products that are not useable if they are not dropped and spread within a brief delivery window. Because of this short delivery window, the routes from the production facility to the delivery site for both products are limited to less than 40 miles, and the time spent actually driving a CMV is typically only a few hours per day. Thus in both cases, the drivers do not face the same fatigue factors as drivers of longhaul trucks, and therefore do not pose the same risk of a fatigue-related accident as long-haul drivers.’’ NAPA requested that the operation of certain vehicles and equipment (Water Truck, Tack (tar) Distributor, Equipment Hauler and Pick-Sweeper (Street Sweeper)) be included in the definition of ‘‘transportation of asphalt and related materials and equipment’’ for purposes of these exemptions. NAPA stated in its application that drivers would remain subject to the HOS regulations and would receive sufficient rest due to the nature of their operations that limit driving to an average of six to seven hours per day or less during the paving season. NAPA believes that granting these exemptions would achieve the same level of safety provided by the two HOS rules. The requested exemptions are for 5 years with renewals. A copy of NAPA’s application for exemptions is available for review in the docket for this notice. V. Public Comments On September 7, 2017, FMCSA published notice of this application and requested public comment (82 FR 42415). The Agency received 70 comments representing individuals and various transportation interests in response to the proposed exemptions. The majority of the respondents in 1 More precisely, section 5521 of the Fixing America’s Surface Transportation (FAST) Act, exempts a ‘‘driver of a ready mixed concrete delivery vehicle’’ from the reporting, recordkeeping, or documentation requirements under the hours-ofservice regulations if the driver operates within a 100 air-mile radius of his/her normal work reporting location, returns to the work reporting location and is released within 14 hours, and meets certain other requirements [Pub. L. 114–94, 129 Stat. 1312, 1559, Dec. 4, 2015, codified at 49 U.S.C. 31502(f)]. In addition, FMCSA granted drivers of ready mixed concrete trucks an exemption from the 30-minute break requirement [80 FR 17819, April 2, 2015], which section 5206(b)(1)(A) of the FAST Act required to be made permanent [129 Stat. 1312, 1537]. PO 00000 Frm 00193 Fmt 4703 Sfmt 4703 3865 support of the requested exemptions were companies, associations, and individuals affiliated with the asphalt industry. For example, Nu Rock Asphalt Coatings supported the exemptions and stated, ‘‘[i]t seems it would be advantageous for those involved in asphalt work to have HOS regulations in line with those found in the ready-mix concrete business. We feel this could be done without compromising safety.’’ Wiregrass Construction wrote, ‘‘[s]ince the ready-mix industry parallels the asphalt industry in terms of operational limitations with highly perishable, nonhazardous product, it seems perfectly logical that the asphalt industry should be subject to the same exemption from the 30 minute break requirement and 12 hour limit on Short Haul Exception.’’ NAPA was among the many respondents commenting about its application and wrote to specifically clarify the record and provide additional comment concerning its application. NAPA explained that their petition for relief from the specific HOS requirements were not restricted to NAPA members and also provided additional rationale to support the need for both exemptions. Four respondents made comments about the regulations but took no position on the application. One individual, Mr. Richard Elliott, wrote, ‘‘I do not oppose them using wait time in line as the 30 minute rest period but I do oppose extending any duty hours or exceptions.’’ An anonymous respondent and the Advocates for Highway and Auto Safety (Advocates) opposed the requested exemptions. Advocates provided several reasons for not granting the exemptions. According to Advocates, ‘‘the Application seeks to exempt an untold number of motor cariers and drivers from safety regulations and provides no justification for the exemptions requested.’’ VI. FMCSA Decision FMCSA has evaluated NAPA’s application and the public comments and decided to grant the exemptions. The Agency believes that all drivers transporting asphalt and related materials and equipment will likely achieve a level of safety that is equivalent to or greater than, the level of safety achieved without the exemption [49 CFR 381.305(a)]. The first exemption from the HOS 30minute break provision will allow drivers engaged in the transportation of asphalt and related materials to use 30 minutes or more of on-duty ‘‘waiting E:\FR\FM\26JAN1.SGM 26JAN1 3866 Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices time’’ to satisfy the requirement for the 30-minute rest break, provided they do not perform any other work during the break. The second exemption will allow drivers to use the short-haul RODS exception but with a 14-hour duty period instead of 12 hours. VII. Terms and Conditions for the Exemption • Drivers must have a copy of this notice or equivalent signed FMCSA exemption document in their possession while operating under the terms of the exemptions. The exemption document must be presented to law enforcement officials upon request. • Drivers must return to the work reporting location and be released from work within 14 consecutive hours. Preemption In accordance with 49 U.S.C. 31315(d), during the period these exemptions are in effect, no State shall enforce any law or regulation that conflicts with or is inconsistent with this exemption with respect to a firm or person operating under the exemptions. Notification to FMCSA daltland on DSKBBV9HB2PROD with NOTICES Exempt motor carriers must notify FMCSA within 5 business days of any accident (as defined in 49 CFR 390.5), involving any of its CMVs operating under the terms of the exemptions. The notification must include the following information: (a) Name of the exemption: ‘‘NAPA’’ (b) Name of the operating motor carrier, (c) Date of the accident, (d) City or town, and State, in which the accident occurred, or closest to the accident scene, (e) Driver’s name and license number, (f) Vehicle number and State license number, (g) Number of individuals suffering physical injury, (h) Number of fatalities, (i) The police-reported cause of the accident, (j) Whether the driver was cited for violation of any traffic laws, motor carrier safety regulations, and (k) The driver’s total driving time and total on-duty time period prior to the accident. Reports filed under this provision shall be emailed to MCPSD@DOT.GOV. Termination FMCSA does not believe the drivers covered by this exemption will experience any deterioration of their safety record. Interested parties or organizations possessing information that would VerDate Sep<11>2014 20:14 Jan 25, 2018 Jkt 244001 otherwise show that any or all of these motor carriers are not achieving the requisite statutory level of safety should immediately notify FMCSA. The Agency will evaluate any information submitted and, if safety is being compromised or if the continuation of the exemptions are inconsistent with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA will immediately take steps to revoke the exemptions of the company or companies and drivers in question. Issued on: January 19, 2018. Cathy F. Gautreaux, Deputy Administrator. [FR Doc. 2018–01400 Filed 1–25–18; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA–2016–0128] Pipeline Safety: Meeting of the Voluntary Information-Sharing System Working Group Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice. AGENCY: This notice announces a public meeting of the Voluntary Information-Sharing System (VIS) Working Group. The VIS Working Group will convene to discuss and identify recommendations to establish a voluntary information-sharing system. DATES: The meeting will be held on February 28, 2018, from 8:30 a.m. to 5:00 p.m. ET. Members of the public who wish to attend in person should register no later than February 23, 2018. Individuals requiring accommodations, such as sign language interpretation or other ancillary aids, may notify PHMSA by February 23, 2018. For additional information, see the ADDRESSES section. ADDRESSES: The meeting will be held at a location yet to be determined in the Washington, DC Metropolitan area. The meeting location, agenda and any additional information will be published on the following VIS Working Group and registration page at: https:// primis.phmsa.dot.gov/meetings/ MtgHome.mtg?mtg=130. The meetings will not be webcast; however, presentations will be available on the meeting website and posted on the EGov website, https:// www.regulations.gov/, under docket number PHMSA–2016–0128 within 30 days following the meeting. SUMMARY: PO 00000 Frm 00194 Fmt 4703 Sfmt 4703 Public Participation: These meetings will be open to the public. Members of the public who attend in person will also be provided an opportunity to make a statement during the meetings. Written comments: Persons who wish to submit written comments on the meetings may submit them to the docket in the following ways: E-Gov website: https:// www.regulations.gov. This site allows the public to enter comments on any Federal Register notice issued by any agency. Fax: 1–202–493–2251. Mail: Docket Management Facility; U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE, West Building, Room W12–140, Washington, DC 20590–0001. Hand Delivery: Room W12–140 on the ground level of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC, between 9:00 a.m. and 5:00 p.m., Monday through Friday, except on Federal holidays. Instructions: Identify the docket number PHMSA–2016–0128 at the beginning of your comments. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. Anyone can search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). Therefore, consider reviewing DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000, (65 FR 19477), or view the Privacy Notice at https://www.regulations.gov before submitting comments. Docket: For docket access or to read background documents or comments, go to https://www.regulations.gov at any time or to Room W12–140 on the ground level of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC, between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. If you wish to receive confirmation of receipt of your written comments, please include a self-addressed, stamped postcard with the following statement: ‘‘Comments on PHMSA– 2016–0128.’’ The docket clerk will date stamp the postcard prior to returning it to you via the U.S. mail. Privacy Act Statement In accordance with 5 U.S.C. 553(c), the DOT solicits comments from the public to better inform its rulemaking process. The DOT posts these E:\FR\FM\26JAN1.SGM 26JAN1

Agencies

[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Notices]
[Pages 3864-3866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01400]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0197]


Hours of Service of Drivers: National Asphalt Pavement 
Association, Inc.; Application for Exemptions

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition; grant of application for 
exemptions.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to grant the National Asphalt 
Pavement Association, (Inc.) (NAPA) request for exemptions from two 
requirements of the hours-of-service (HOS) regulations for all drivers 
of certain commercial motor vehicles (CMVs): (1) The 30-minute rest 
break provision and (2) the requirement that short-haul drivers 
utilizing the record of duty status (RODS) exception return to their 
work-reporting location within 12 hours of coming on duty. The first 
exemption will enable drivers engaged in the transportation of asphalt 
and related materials to use 30 minutes or more of on-duty ``waiting 
time'' to satisfy the requirement for the 30-minute rest break, 
provided they do not perform any other work during the break. The 
second exemption will allow these drivers to use the short-haul 
exception but return to their work-reporting location within 14 hours 
instead of the usual 12 hours.

DATES: This exemption is applicable January 26, 2018 and expires 
January 25, 2023.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver 
and Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 614-942-6477. Email: [email protected]. If you 
have questions on viewing or submitting material to the docket, contact 
Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to www.regulations.gov and insert 
the docket number, FMCSA-2017-0197, in the ``Keyword'' box and click 
``Search.'' Next, click the ``Open Docket Folder'' button and choose 
the document to review. If you do not have access to the internet, you 
may view the docket online by visiting the Docket Management Facility 
in Room W12-140 on the ground floor of the DOT West Building, 1200 New 
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., 
e.t., Monday through Friday, except Federal holidays.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant 
exemptions from certain Federal Motor Carrier Safety Regulations 
(FMCSRs). FMCSA must publish a notice of each exemption request in the 
Federal Register (49 CFR 381.315(a)). The Agency must provide the 
public an opportunity to inspect the information relevant to the 
application, including any safety analyses that have been conducted. 
The Agency must also provide an opportunity for public comment on the 
request.
    The Agency reviews safety analyses and public comments submitted, 
and determines whether granting the

[[Page 3865]]

exemption would likely achieve a level of safety equivalent to, or 
greater than, the level that would be achieved by the current 
regulation (49 CFR 381.305). The decision of the Agency must be 
published in the Federal Register (49 CFR 381.315(b)) with the reasons 
for denying or granting the application and, if granted, the name of 
the person or class of persons receiving the exemption, and the 
regulatory provision from which the exemption is granted. The notice 
must also specify the effective period (up to 5 years) and explain the 
terms and conditions of the exemption. The exemption may be renewed (49 
CFR 381.300(b)).

III. Request for Exemptions

    NAPA seeks two exemptions for all drivers transporting asphalt and 
related materials and equipment from the HOS 30-minute rest break 
provision in 49 CFR 395.3(a)(3)(ii) and the restriction of the RODS 
exception for short-haul operations available to drivers who return to 
their normal work-reporting location within 12 hours [49 CFR 
395.1(e)(1)(ii)(A)].
    NAPA requested the first exemption from the HOS rest break 
provision to allow drivers engaged in the transportation of asphalt and 
related materials to use 30 minutes or more of on-duty ``waiting time'' 
to satisfy the requirement for the 30-minute rest break, provided they 
do not perform any other work during the break. According to NAPA, 
asphalt is a highly perishable product. It is loaded into the delivery 
truck at 280-300 degrees Fahrenheit and begins to cool immediately. If 
the asphalt is not delivered and placed on the paving site within two 
hours, the product hardens and is no longer viscous enough to be 
useable. Drivers of asphalt delivery vehicles typically drive 
approximately one-third of their workday; the rest of their day is 
spent waiting to load or unload their vehicles and in other non-driving 
duties such as paperwork and cleaning their trucks after each load.
    NAPA requested the second exemption to allow some drivers to use 
the short-haul RODS exception but with a 14-hour duty period instead of 
12 hours. NAPA advises that while some short-haul drivers will be able 
to take advantange of the exception from the 30-minute break, other 
drivers are often required to be on duty more than 12 hours in a day 
and therefore are not eligible to use the short-haul exception.
    NAPA mentioned that drivers of ready-mixed concrete delivery 
vehicles were granted an exemption from the minimum 30-minute rest 
break provision.\1\ NAPA states that ``the same reasoning supporting 
the exemptions from the 30-minute break time rule and allowing a 14-
hour daily on duty-period for drivers of ready-mixed concrete vehicles 
applies to drivers engaged in the transportation of asphalt and related 
materials and equipment. Both are perishable products that are not 
useable if they are not dropped and spread within a brief delivery 
window. Because of this short delivery window, the routes from the 
production facility to the delivery site for both products are limited 
to less than 40 miles, and the time spent actually driving a CMV is 
typically only a few hours per day. Thus in both cases, the drivers do 
not face the same fatigue factors as drivers of long-haul trucks, and 
therefore do not pose the same risk of a fatigue-related accident as 
long-haul drivers.''
---------------------------------------------------------------------------

    \1\ More precisely, section 5521 of the Fixing America's Surface 
Transportation (FAST) Act, exempts a ``driver of a ready mixed 
concrete delivery vehicle'' from the reporting, recordkeeping, or 
documentation requirements under the hours-of-service regulations if 
the driver operates within a 100 air-mile radius of his/her normal 
work reporting location, returns to the work reporting location and 
is released within 14 hours, and meets certain other requirements 
[Pub. L. 114-94, 129 Stat. 1312, 1559, Dec. 4, 2015, codified at 49 
U.S.C. 31502(f)]. In addition, FMCSA granted drivers of ready mixed 
concrete trucks an exemption from the 30-minute break requirement 
[80 FR 17819, April 2, 2015], which section 5206(b)(1)(A) of the 
FAST Act required to be made permanent [129 Stat. 1312, 1537].
---------------------------------------------------------------------------

    NAPA requested that the operation of certain vehicles and equipment 
(Water Truck, Tack (tar) Distributor, Equipment Hauler and Pick-Sweeper 
(Street Sweeper)) be included in the definition of ``transportation of 
asphalt and related materials and equipment'' for purposes of these 
exemptions.
    NAPA stated in its application that drivers would remain subject to 
the HOS regulations and would receive sufficient rest due to the nature 
of their operations that limit driving to an average of six to seven 
hours per day or less during the paving season. NAPA believes that 
granting these exemptions would achieve the same level of safety 
provided by the two HOS rules. The requested exemptions are for 5 years 
with renewals. A copy of NAPA's application for exemptions is available 
for review in the docket for this notice.

V. Public Comments

    On September 7, 2017, FMCSA published notice of this application 
and requested public comment (82 FR 42415). The Agency received 70 
comments representing individuals and various transportation interests 
in response to the proposed exemptions. The majority of the respondents 
in support of the requested exemptions were companies, associations, 
and individuals affiliated with the asphalt industry.
    For example, Nu Rock Asphalt Coatings supported the exemptions and 
stated, ``[i]t seems it would be advantageous for those involved in 
asphalt work to have HOS regulations in line with those found in the 
ready-mix concrete business. We feel this could be done without 
compromising safety.''
    Wiregrass Construction wrote, ``[s]ince the ready-mix industry 
parallels the asphalt industry in terms of operational limitations with 
highly perishable, nonhazardous product, it seems perfectly logical 
that the asphalt industry should be subject to the same exemption from 
the 30 minute break requirement and 12 hour limit on Short Haul 
Exception.''
    NAPA was among the many respondents commenting about its 
application and wrote to specifically clarify the record and provide 
additional comment concerning its application. NAPA explained that 
their petition for relief from the specific HOS requirements were not 
restricted to NAPA members and also provided additional rationale to 
support the need for both exemptions.
    Four respondents made comments about the regulations but took no 
position on the application. One individual, Mr. Richard Elliott, 
wrote, ``I do not oppose them using wait time in line as the 30 minute 
rest period but I do oppose extending any duty hours or exceptions.''
    An anonymous respondent and the Advocates for Highway and Auto 
Safety (Advocates) opposed the requested exemptions. Advocates provided 
several reasons for not granting the exemptions. According to 
Advocates, ``the Application seeks to exempt an untold number of motor 
cariers and drivers from safety regulations and provides no 
justification for the exemptions requested.''

VI. FMCSA Decision

    FMCSA has evaluated NAPA's application and the public comments and 
decided to grant the exemptions. The Agency believes that all drivers 
transporting asphalt and related materials and equipment will likely 
achieve a level of safety that is equivalent to or greater than, the 
level of safety achieved without the exemption [49 CFR 381.305(a)].
    The first exemption from the HOS 30-minute break provision will 
allow drivers engaged in the transportation of asphalt and related 
materials to use 30 minutes or more of on-duty ``waiting

[[Page 3866]]

time'' to satisfy the requirement for the 30-minute rest break, 
provided they do not perform any other work during the break. The 
second exemption will allow drivers to use the short-haul RODS 
exception but with a 14-hour duty period instead of 12 hours.

VII. Terms and Conditions for the Exemption

     Drivers must have a copy of this notice or equivalent 
signed FMCSA exemption document in their possession while operating 
under the terms of the exemptions. The exemption document must be 
presented to law enforcement officials upon request.
     Drivers must return to the work reporting location and be 
released from work within 14 consecutive hours.

Preemption

    In accordance with 49 U.S.C. 31315(d), during the period these 
exemptions are in effect, no State shall enforce any law or regulation 
that conflicts with or is inconsistent with this exemption with respect 
to a firm or person operating under the exemptions.

Notification to FMCSA

    Exempt motor carriers must notify FMCSA within 5 business days of 
any accident (as defined in 49 CFR 390.5), involving any of its CMVs 
operating under the terms of the exemptions. The notification must 
include the following information:
    (a) Name of the exemption: ``NAPA''
    (b) Name of the operating motor carrier,
    (c) Date of the accident,
    (d) City or town, and State, in which the accident occurred, or 
closest to the accident scene,
    (e) Driver's name and license number,
    (f) Vehicle number and State license number,
    (g) Number of individuals suffering physical injury,
    (h) Number of fatalities,
    (i) The police-reported cause of the accident,
    (j) Whether the driver was cited for violation of any traffic laws, 
motor carrier safety regulations, and
    (k) The driver's total driving time and total on-duty time period 
prior to the accident.
    Reports filed under this provision shall be emailed to 
[email protected]

Termination

    FMCSA does not believe the drivers covered by this exemption will 
experience any deterioration of their safety record.
    Interested parties or organizations possessing information that 
would otherwise show that any or all of these motor carriers are not 
achieving the requisite statutory level of safety should immediately 
notify FMCSA. The Agency will evaluate any information submitted and, 
if safety is being compromised or if the continuation of the exemptions 
are inconsistent with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA will 
immediately take steps to revoke the exemptions of the company or 
companies and drivers in question.

    Issued on: January 19, 2018.
Cathy F. Gautreaux,
Deputy Administrator.
[FR Doc. 2018-01400 Filed 1-25-18; 8:45 am]
 BILLING CODE 4910-EX-P
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